Los Angeles daily herald. [microfilm reel] (Los Angeles [Calif.]) 1884-1890, 1887-12-09

hop'd the matter would suhside IKE u
muddy rill after half hours shower.
Our Re ,ubican con emp rarie>, some
OF VIII ,m were terribly defeated II
their candidates. still harp upon thu
daughter of confusion. Some OF tn
progeny of Dogberry, who seriooie i''
their columns, try to disable the in
formati IN and judgment OF the writer
bv glittering generality about "Cy-
| clope,iias bound in calf" With refer
ence to this Dogberry clique, the ques-
ton is taken up again for the purpose
of6lling them to repletion with legal
veal.
The section of the political code
touching this matter of the election is
number l16O. 1t provides that the
polls shall be opened at one hour after
sunrise, and close at sunset, and that
they shall be kept open all the inter-
vening time. The session OF the leg
islature of this year passed an act
amending this section so as to read;
| The polls must be opened at six
o'clock of the mo ming of the day OF
election, and must be kept open until
seven O'Clock of the evening OF the
same day, when the polls shall be
closed.
The annotations in the code
refer to numerous authorities
to the effect that any irreg-
ularity in these matters does not
vitiate the election, unless it is
shown that by such deviations from
the law the results of the election
have been changed. As matter OF
fact the polls opened and closed at
the hours prescribed by the old law.
On this the question is raised as to
the validity of the election.
Thus then the question stands
The election is held. The returns are
before the City Council. 1t is their
duty to canvass them, and to declare
the results. On this showing the
Clerk must issue certificates of cleo
ton to those receiving a majority OF
the votes cast. On these certificates
the members will take the seats to
which they were elected. That is
hsw the matter will end by any
course pursued.
But suppose there is to be contest,
who should make it, and before
whom? Ii defeated candidate, "a
such, moves in the matter, he must
do it before the body to which he
alleges he might have been elected,
and the on,ts probandi is on him.
That is, he must show that had the
4 polls been opened and closed at the
legal hours, this would have sc
changed the vote in his individual
case that he would have been elected
That proof will have to be full and
positive. But there is no such point
) raised by any one. No sane person
will make such allegation. Therefore
this disposes of all contest from that
quarter. Before dismissing it, how
ever, it may be proper to set the
progeny of Dogberry right on another
matter. Were such a method of con.
testation possible, that would have to
come before the new Council-not the
present members. Before such an is
sue could be raised the old Council
viii be dead as mutton.
How, then, may contest be made +?
Any elector OF the municipality may
do SO on writ of quo marranto. This
is an order OF the court-we arc writ
ing for laymen-to make the Council
show by what authority it counts the
vote. The allegation of the contestant
would be that no election had been
held; that the opening and closing of
the polls at the legal hours was a
material issue, of the essence OF the
election, and that the violation of this
part OF the statute vitiates the whole
procee lings and leaves the election as
null as if there had been none held.
Theu the matter goes to the courts to
decide this point OF law. Mark, unless
such step is taken by some elector,
the Council must canvass the vote
and declare the results.
Now, to the law. Ii such proceed
ings are entered upon, the courts will
as certainly declare the election to be
valid and sufficient as anything on
earth is certain. Before citing the
authorities on these points, however,
it may be well to remark that should
no elector raise this issue, and should
the new council sit and act during
their term of Office, there need not be
the least misgiving rs to their acts be-
ing upheld by the courts. They will
be dc J;acto officials, if nothing more,
and as such will have the same author
ity as if there had not been one jot Of
informality about the election.
The authorities for SO holding are
Ohio State Reports, volume 49, page
29-the court speaks. at is, no
doubt, the intention of the legislature
that the polls should remain open dur
ing the entire day Of election, between
the hours specified in the statute for
opening and closing; and good policy,
as we'll as the convenience Of the
voters, would seem to require that this
legislative intent should be observe
But the closing Of the polls for an hour
or SO during that time is not, in law.
sufficient to invalidate the elections
and diJranchiSe the roiera Who did de-
post their ballots IN The bores. The
statute in this respect may be regarded